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Old 06-08-2013, 10:25 AM   #1
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Warranty rights

Need help..... I bought used RV 2nd owner of a 2011 Serrano. 2nd owner, 29 months in service since original owner registration. Just prior to delivery the Dealer repaired a check engine light illumination event. The repair did not take and 70 miles down the road it came on again.... It has since been on a total of 4 times, been repaired by the dealer twice, once by the MFG facility(international) and is at that facility for the fourth attempt to fix.

At this time I have owned it for 45 days it's been down with the light 33 days and in some ones shop for 23 days. At this time International doesn't know what the problem is. they have been "troubleshooting" it for 10 days.

It does not fall under Florida lemon laws but is covered by The Dealers 30 day Certified vehicle warranty and the balance of the Mfg.. Engine warranty. There is no dispute that it is a covered item. The dealer maintains that the mfg. is responding to the issue and offers no solution under there own warranty. They have not been proactive in getting the issue fixed. I maintain it is their warranty that is responsible for facilitating the repair or otherwise finding a solution.

1. is there a legal "reasonable time" before I can take legal action against the warranty, if a repair is not made.

2. What would my remedy options be

3. Any attorney recommendations in the West Palm Beach area.

I'm afraid it's on it's way to becoming a lawn ornament if I don't take some kind of action

Grateful for any advice

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Old 06-09-2013, 02:33 AM   #2
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Old 06-09-2013, 03:02 AM   #3
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Sorry I can't help you, but perhaps someone else will chime in.
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Old 06-09-2013, 04:07 AM   #4
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Welcome to irv2. That's a bummer. On the one hand they're trying to fix it and honoring the warranty and on the other hand you are suffering loss of use etc. Here's a link to auto fraud atty's in WPB. Maybe a letter by one of them to the responsible parties will speed thing up and possibly make them more proactive. Good luck.



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Old 06-09-2013, 10:49 AM   #5
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You are raising a question of civil (contract) law, so there are no fixed legal tomes of remedies for anything. You can sue on the warranty contract any time you like, but your chances of prevailing will depend on a variety of circumstances, not the least of which is the wording of the contract itself. Have you looked at what it says about resolving disputes? It is not unusual to require binding arbitration instead of a lawsuit. And what sort of remedy are you looking for? A replacement RV? Money back? A different repair shop to work the problem?

I think your chances of a successful suit are slim as long as qualified people are actively engaged in trying to find a fix, but my opinion is irrelevant. You should consult an attorney to see what remedies might be attempted. You may have other rights/remedies available under Florida consumer law.
Gary Brinck
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